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Bowdry v. State

Court of Appeals of Mississippi

September 23, 2014

QUINTORIS BOWDRY, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 09/11/2013. TRIAL JUDGE: HON. PAUL S. FUNDERBURK. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF DENIED.

FOR APPELLANT: QUINTORIS BOWDRY (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: STEPHANIE BRELAND WOOD.

BEFORE LEE, C.J., ISHEE AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON AND FAIR, JJ., CONCUR. MAXWELL, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 355

JAMES, J.

¶1. Quintoris Bowdry was charged by criminal information on September 14, 2011, with possessing more than two grams of cocaine, as a habitual offender pursuant to Mississippi Code Annotated section 99-19-81 (Rev. 2007). Bowdry entered a guilty plea and was sentenced to sixteen years in the custody of the Mississippi Department of Corrections. Bowdry filed a motion for post-conviction collateral relief (PCR), which the trial court denied. Bowdry appeals raising the following issue: whether it was plain error for the trial court to allow the criminal information to be amended after the guilty plea was entered.

FACTS

¶2. On September 14, 2011, after waving an indictment, Bowdry was charged by criminal information with possessing more than two grams of cocaine as a habitual offender. Bowdry pled guilty and was sentenced the same day to sixteen years in the custody of the Mississippi Department of Corrections. However, during the plea hearing, a clerical error was discovered, and the State made an ore tenus motion to amend the criminal information to reflect the correct date of the crime. The information was amended to change the date of the crime from May 11, 2011, to August 11, 2011. The trial court granted the motion, and the indictment was amended accordingly.

¶3. Bowdry filed a PCR motion on July 22, 2013. In the motion, Bowdry alleged that the indictment was amended to charge him as a habitual offender. The trial court denied the motion, finding that the criminal information originally charged Bowdry as a habitual offender and that the amendment was used only to correct a date and clerical errors. Bowdry now appeals.

STANDARD OF REVIEW

¶4. " We review the dismissal or denial of a PCR motion for abuse of discretion.

Page 356

We will only reverse if the trial court's decision is clearly erroneous." Hughes v. State,106 So.3d 836, 838 (¶ 4) (Miss.Ct.App. 2012). Questions ...


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